HomeMy WebLinkAboutResolution - 2012-R0156 - PO - Forman's Pick Up Pals - Suvs, Light Duty Vehicles - 04_10_2012Resolution No. 2012-RO156
April 10, 2012
Item No. 5.18
RESOLUTION
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Purchase Order No. 31009815 for the
purchase of light duty vehicles and SUVs as per ITB 12-10601-CI, by and between the
City of Lubbock and Forman's Pick Up Pals, and related documents. Said Purchase
Order is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council on April 10, 2012
TOM MARTIN, MAYOR
ATTEST:
lReb cca Garza, City Secretary
VED AS TO CONTENT:
YkarwobG, Assistant City Manager
Information Officer
AS TO FOIZjy1;
jChad Weaver, Assistant City Attorney
rccdocs/RES.Forman's Pick Up Pals-PurchaseOrd
arch 27, 2012
1
, i ,r
city of
Lubbock
rlt�l
PURCHASE ORDER
TO: FORMANS PICK UP PALS INC
6810 WAYBE AVENUE
LUBBOCK Texas 79424
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAVABLE
P,O. BOX 2ooe
Ll16BOCK, TX 79437
Page _ I
Date - 012T 2012
Order Number 31009815 000 OP
Branch; Plant 3526
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
Ordered 03/27/2012 Freight
Requested 09/19/2012 Taken By
Delivery PER PORRAS J REQ 38753 PER [TB 12-10601-Cl
Description/Supplier Item Ordered Unit Cost UM
General Purpose Flatbed 1.000 2,128.2100 EA
Spec NV41-VC
Utility Service Body w/Crane 2.000 16,958.9700 EA
Spec NV-37-WTR
Terms NET DUE ON RECEIPT
C ISAACS
Extension Request Date
2,128.21 09/19/2012
Total Order
33,917,94 10/ 10/2012
36,046.15
This purchase order encumbers funds in the amount of $36,046.15, for the purchase of vehicles awarded on April 10, 2012 to
Forman's Pick Up Pals, Incorporated, of Lubbock, Texas in accordance with Forman's Pick Up Pals response to ITB# 12-
10601-CI. The following is incorporated into and made part of this purchase order by reference: Bid Submitted by your firm
in response to Citv of Lubbock ITB# 12-10601-CI.
Resolution# 2612—RO156 .
CITY OF LUBBOCK ATTEST:
Tom Martin, 1vlayor Reber �Garza,'City
IFER+NIS ,AND CONDITIONS
IM PO RTA.N r: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Bayer agree to follows:
I SELLER TO PACKAGE (:Of1fT5. Seller will package goads in accordance with good
commercial practice. F'ach shipping turnserler %hall be clearly and peemsnendy marked as
follows is) Seller's name and address, lbl Consignee's name, address said purchase order or
purchase release number,urd the supply egreement numbs if appl(cebk, fcl Csmwner nurrsbar
and total numbs of cunWnen, a g. Von I of { boxek and (it) the numbs of she conuirher
hearing nhe pocking ,lip. Seller iliall hear coal of packagng unless adrrwise provided Oueds
+hall be suitably perked ho terum lower lranspomation costs ad La caofurm with requiremmu
of ctmwwwe carnal and any applicable VoctRcations. Buyer's count or wetghl +hall be final
and cttrscluisve on shipments nail accompanied by pecking lists.
2. SHIPMENT ENDER RESERVA f10N PROIIIBITEO. Seller is no autdniZOd to ship the
goals under reservoson ad no tender of @ bull of (ding will operate a a tends of goods.
3. TITLE AND RISK OF LOSS. rho title ad risk of tire, of the gtrocis shei) not pas to Buys
zlil Buys actually receives and takes poasessiur of the sio-de in the point or points of
livay.
4. NO REPLACEMENT OF DEFF:C'r)VE TENDER. Every tender of delivery of goods mute
fully comply w ah all provisions of this %wraract a to time of delivery, quality and the like. Ifs
tender is trade which does rot fully conform this than constitute a Vrract and Seiler %hall not
have the ngM to tubslitua a comforreing tends, provided, where the mite, for psfornance has
not yet e%pired is Seller may reasonably rarity Buyer of his inunuan to cure And may then
make a conforming under within the contract time her as afterward
5. INv'OICk4 A PAYMENTS. a. Seller dull wbmit +,parse invoices, in duplicate. one each
purchwo .wdw or purchases releser after sack delivery. Invoices shall indicate the psacham
order or putcluse rtlesse number and she supply agreement number If applicable. Invoicas
shall be itemund and transportation charger, if any, shall be liaised sepwalely. A copy of the
bill of lad rs, and the fieigbs waybill whim applicable, sMrld be attached to the invoice. Mail
To: Accounts PsysbM. City of Lubbock, P. 0. Boa 2000, Lubbock. Tnas 79457. payment
shall not be tkw rand the above instruments are submiued after delivery,
6, GRATUITIES. The Buys may. by written notice to the Sells. cancel this contract without
liability to Seller if it in detanwimd by Buyer dual gratuities, in the fota of emernainm em. gilt
ar urherwisa. were afered or given by the Seller, or awn a" or representative of the Seller, to
any officer or employss at this City of Lubbock with s view to secr(ry a contract or securing
favorable irea ntwst wish respect so des@ ewsid ng or anwrdin g or the mating of any
detenniswiass with _-pier ta tha pterforming of such a cattrettt. in the erases this con~ is
canceled by Buyer Montano a this provision. Buyer shall be entitled, in addition to any other
righte end rertoediek to recover or wid thwld the simulate of des cost ieciared by Sella in
providing stitch pramdlls.
7. SPECIAL TOOLS A TEST EQUIPMENT. If to price staled om' der knit hereof inekdn the
cost of any speed tooling or special sea equipsfabricated or required by Sells for dw
purpose of filling this order, such special tooling equiprnrtt red airy process ahem related
thereto shall become that pnopeety of the Buyer and to the extant fesibie shall be identified by
the Seller s ruck.
1. WARRANTY -PRICE
a. nw price to be paid by Ow Buyer dull be that consamd hit Seller's laid which Seller
wareros to be no higher than Sof's cunem procsea on osdsn by ushers For products of tb
kid and speeillswim oova@d by thin agreement for similar quantities under tlmlhr of like
conditions and method of parchm In line evstt Seller breacbse this wormvsty, the prices of
the item shall be resLcall a the Sena's curter, priices an orders by Others, or In the
alternative. Buyer may cancel the contract without liability to Seller for bindle or Seder's
actual expense. b. Tte Seller wartime than no person or wiling agency ha bean employed or
retained W WWII. or xeetra this contract uposs an Mincemeat. or uuderstendig for cwnwsion.
percemap, brokerage, or coothisgent (s escapti g bons Bile employees of boom Bile
estal lsbed conmereial or willing agencies nsaimairred by the Seller for that pepow of seaolrg
lauehww For beech of vlelanoe of "a wanady the Buyer shell have Use right in addition to
any other right serf rgha so eaaseel ski conuaq whsout "lily ad to deduct hues dte cam+aet
price. or aksrwis recover without liability and to deduct lean dw wit rect prim tar otherwise
recover the IWI arroat of warts connnwsioe, percentage, brokerage or contingent ties
9. WARRANTY -PRODUCT. Seller aleR not Ifewia or exclude my implied wasnnies mid airy
atterrps to do so shell render this carsad voidable me the option of the Buyer. SeRw sran@nte
that the Stones Ftanished will conform to the tpecifkuriur, drawings, said descriptions listed in
the bid invitation, and to the ample(t) (Famished by the Seger. if any. la Ibe event of a csmhid
or betworst the pecsft[siaw, drawersp, wed downsplroswt, der speahcaaiasa t1eR govern
Notwithstanding my prerl I come int d in der contracnap ogive as th Seller represeNs
and warms rsuk-fin performance and fault. few result in the processing daw ad dew related
data (includiag, but dart limited so calcul mug, computing and sequencing) of all haedetwo,
software and hrmwen products delivered eel services provided uwdar hbi Contract.
individually or In caabirmiak as ilw use nwy be from the efledive date of ibis Contract.
nee obfigai en co taped hers® apply to products ad eervices provided by Ilw Salle►. Rx sub -
Seller w any third peaty invoked in rho o a sai or developreat of the p radnets and services a
be delivered to do City of Lubbock under thin Covent . Failure to comply with stye of the
obligaioee canuined barns, may result in the City of Lubbock availing itself of any of its
rights under tar law and under sled Contract including. but its li tried im its right painkilwg to
termination or defassll The wertrties contained herd sit tepin and ddsosse lean say
other wansniks spec" is this Contract. and at not subject to any disclaimer of warranty.
implied or expreraed, or Ii ewiim of dw Seller's liabalky wit" tiny be specified is tka
Canaan, its sppadkak is whedules, iu asrwees or my 4ocwwer rrscaporawd in this
C,MiML by refesena.
10. SAFETY WARRANTY. Seller *0 Isis that the products sold to the Buyer shill conform to
Ike snendards pramJgased by the U. S Department of Labor under the Occupational Safety and
I IealLh Aciof 1970_ In the coat line product don not conform to OSIIA tdasdards. Buys my
return the pin duce for correction or mplacenri at this Seller's npw m In the even Sella
fah to make the appnpmaa ccrrecum within a reuonsble line, nwrectmon minds by Buyer
will he at the Seller's expose.
11 *40 M %RRAN TV BY BUYE2 AGAINST INF RINGItMENFS. As pen of nerd contract for
sale Sella agree to awertas whetlef goods rmmulactared a wcurdancs with the
quaufkasiam stitched to this agreement will give rim to Lit* rightful claim o(sny third paaoe
by way of infringement of the like. Buyer make no -worry thin the production of foods
cording w the speoficaiiun w ill not give rise to such a claim, and m ms even shall Buyer he
bottle to Seller for indemini"ian in she event that Seller is wed to the grounds of
tinfnngemem of the like If Seller is of the opinion than m mlfinppewm settle like will reeds.
he wdl mify the Buyer to this effect in writing within two weeks after the signing of this
agrtememt, If Buyer don not receive notice and is iubsegwtnly heW liable for the
infringement ur Ili like. Seller will eve Buys harmless. 11 Sean m good faith avorasrua the
production of the goods an accordance with the nisei kssions will result in Infringement or the
like. the contran shall be null sd void
12. RIGHT OF INSPECTION. Buyer sW have the right to imprca the goods ai delivery before
accepting thud
I1. CANCELLArtON. Buyer ,hall have the right to camel for defasds A or any pan of the
untle0vered pinion of Lsia order sf Sells brewhiss any of the terms hereo! including warranties
of &Ilse or If the Seller becomes ,tenure nr or commits acts Of tenkrupcy. Such right of
cancellation is in addition to and not in lieu of any other remakes which Buyer may have in
Is- or egaay.
l4. TERMINATION, r1e perfamrne of wark under this order may be tmninMed its wheal, or In
pen by the Buys in accordance with tni provision. Townsison of work herra der then be
efrecied by the delivery of tin Sella of a "Noslce of Termination" .pacifying the ,arm to
which perfomnance of work under the order is terminated and the data upon which ouch
termination becomes effective. Such right or termination is in addition to and non in lieu of the
nghu of Buys set finds in Clam 13. herein.
15. FORCE MA.IEURE. Neither party shell be held responsible fa losses, resulting if the
fulfillment of airy leer of provisions of this conman is delayed or pmentad by any cause not
within the control of the parry whose performance is interfn wilt. and which by the tactician
of reasoable di I igence said perry is orbk to prevent.
It. ASSIGNMENT -DELEGATION. No right or interest as this contnp ahsR be signed or
Jelegaias of any ONigabn mails by Sallee withal Lti writtm pen"nion of the Buyer. Any
suampasd ass vionerm or deleption by Seiler shall be wholly void and mdxany ineffis ive for all
purpose unless nsede in conformity ity with Isis paragraph
I7. W AIV EIL No claim or risk sensing of of a breach of this contract can be dischergad In whole
w in pert by a waiver or nmswi stiom of the claim or right unless the waiver or remanciatim is
tupparted by consideration and Is in writing signed by the aggrieved party,
11. INTERPRETATION -PAROLE EVIDENCE This writing, phn any rpecilkmtana for bids and
peformance provided by Buyer k as dvertisnwm for bide, ad any Other documents
provided by Seller u post of his bid is interudetd by the parties se a final expression of their
agreernml and ostendW ohs as a corpleu and etcluWvo statement of dw warms of their
agrcenmers. Whersevar a term dsrhisd by the Uniform Commercial Code Is used in this
egrtircarnam, the definition contained in the Code is to control.
19. APPLICABLE LAW. This @greened than be governed by the Uniform Coamsrewl Cede.
When aver, the arts "Uniform Conmrcal Code" is ussd, it shell be construed u meaning the
Uniform Cormwaisl Code se adopewf in der Sloe of Tins as efrsnive and in korcr on the
dale of" agrm+rra.
20, RIGHT TO ASSURANCE Wsenevw one pony to this contract is good faith has reason to
question the other Perry's intent to pa Fiat he may demand tied to Other parry give wrai ms
aaourance of his intent so perfaraL le the event that a demand Is me& end no assurance Is
divas within dire (5) days. the demanding party nay eyes this failure n o amicipaory,
repudiation of the conurwL
21, INDEMNIFICATION. Seller shall i Livemify, keep will eve hermles the Buyer, its agema,
offleit is sad etplayea, spins all "uris, death, peak deorpe, direr, priest clehor, tuns.
liabilhiak judgnnesne, caeca pd a patsk which may is arywis acstuse ■gels the Bayer in
conseq rim of the granting of Ili Cameo or whits may mywia temk therefrom, whether
or not if tan be Alrged or deesenm. that the seta wait cased through negHprsce or animu m
of the Seller or its ..so* s or of der su63elkr or assign or its employee@, if any, and the
Selkr shWL m kis ovm espalas, appear. defend and pry sill chaps of morrsya and aB cows
and other etpo e t arising lhaeflrw of incurred In cmmrctlm dwdewiLk and, if arty judlp eta
rhell be If idered spina dw Buyer is my swelt edi an, tb W. kr AWL at its own expaneek
%tidy mid dlaherp the lose Sella npsresaty tinderwarl411 end agrees dart arry bored eeyuind
by this connerec4 or onlstwis provided by Seiler. Omit in no way lam this responsibility to
irdswm4, keep and aver harmless and defend der Buyer a her provided
22. TIME. It Is hereby expressly speed and undertoad thin time is of the comm fine the
performance of this coraroi wnd failure by contract to met the tie gsacif woe of this
apemwt will cats Sena b lr it defaJl of dis apeemat.
23. MBE The City of Lubbock hereby notifies all bidder that m regard to my contract entered
into parautart to this request, niagieV and women business enterprises .ill be afforded equal
,tipperiseemes to submit bids Is reaptimm to this inviW im and will not be dtsctim resod +gaunt
tan the grounds of race, color, was or neural origin in consideration fbr an sward.
24. NON -ARBITRATION, The City reserves the rigbe Io eamcin my right or remedy avail" to
it by low, contract equity, or otlwrrise, inchding wahotd limiauicat, the right a seek wry and
am fora of relief in it coat of compdm Jurisdiction. Further. this City thou rest his VAjaer to
my whits man process price to nacnig its unestricud right to seek judicial remade. Thw
nernaeddea sett tons snail ere cuaalri+e end ties nrlwivs, tied gray lose ntrciaed corerrenuy.
To the extent of terry conflict berwem this provision aid anodaa provision is, or related to, thin
docwrwnL this provitkon AM sass.
25. RIGHT TO AUDIT. At any Lima during the tom of the contract- or tiseaha, the City, or a
duly sudlosued Audis repeesnnariw of the City or the Sow of Tess, st its c%ptmve sd a
reasonable lerrak reserves On risk to sucil Cermactor's record@ end basks rekt.mr ern all
services provided to the City under ,hie Conti t In the event such an vulnt let the I a. rev cads
any omen as ovcrpsyessin by the City. Cons- to sled) refund cite t sy -he full emam .tit
such wapsyrnema within thirty (30) eiy@ of such autk Ifndisrp, order 1 fry. at
rnervn the right a deduct such anasoas awing to City haw any payment. ,lua l'Iwtul n uw
Rcv 0::012